SCHEUERMAN LAW, LLC

DUI

Mr. Kunka recently had a client found not guilty of a Driving Under the Influence after a bench trial in Howard County Circuit Court. In this case, the officer testified that the client was acting belligerent and had an attitude. Mr. Kunka’s client was adamant that he was not impaired and that it was, in fact, the officer who was acting belligerent. During the cross-examination of the arresting officer, Mr. Kunka was able to frustrate the arresting officer to the point that the officer lashed out in court. It was pretty clear after the trial that the version of events testified to by Mr. Kunka’s client were the true version of events. The Judge found Mr. Kunka’s client Not Guilty.

Assault

Mr. Kunka was representing a client accused of pulling a knife on his girlfriend during a heated argument. The State wanted serious jail time. Mr. Kunka was not only able to have his client’s illegal confession thrown out, but he also during cross of the alleged victim poked enough holes in the state’s case that the client was found not guilty.

Assault of Police Officer

In Baltimore County Circuit Court Mr. Kunka’s client was accused of purposely driving over a police officer’s foot. Client was charged with assault. Mr. Kunka was able to obtain the officer’s Body Worn Camera. It was clear once he viewed the video that his client was not guilty of the offense and that the officer made up his version of events. The State refused to drop the case because the officer swore that his version of events was correct. Mr. Kunka tried the case by bench trial in circuit court. Mr. Kunka stipulated to the officer’s report and asked the judge to watch the best evidence...the video. After reviewing the video, the Judge agreed with Mr. Kunka that the officer’s testimony was not the truth. The client was found Not Guilty. This client is an armed security guard, any conviction for assault on a police officer would have cost him his job immediately.

DUI Manslaughter

In 2018 Mr. Kunka handled a DUI manslaughter case on the eastern shore. Initially, the facts of the case were pretty open and shut. The State’s accident reconstructionist said that Mr. Kunka’s bench trial client was not only DUI but also based on the evidence, he crossed the yellow line causing the accident. Mr. Kunka hired the best accident reconstructionist in the state. This expert, after his investigation, came to a different conclusion than the state’s expert. Prior to this report, the State wanted 3 years in jail. After receiving this new evidence Mr. Kunka negotiated the case from a possible 10-year felony for a misdemeanor. The client got 45 days, didn’t lose his job, and is not a convicted felon.

DUI

In Catonsville District Court, Mr. Kunka was able to get a DUI dismissed for lack of speedy trial. The offense occurred a year and a month before Mr. Kunka’s client’s first court date. Even given these facts it is no small feat to get a case dismissed in district court.

DUI

In Howard County, Mr. Kunka had a district court trial where the State called a DRE (Drug Recognition Expert) to prove his client’s guilt. It was a bad accident and the client blew a .00. The officer was sure the driver was under the influence of something. After blowing .00 the officer had the client sit down with the DRE. The DRE is named an expert on a very limited basis. The State’s attorney attempted to use the DRE as the only evidence of any impairment. The problem was that the officer never put together a DRE report. Mr. Kunka successfully argued that the DRE could not be called as a general expert witness but only in her limited capacity to interpret the DRE report. The Judge agreed and found Mr. Kunka’s client not guilty.